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2019 MML Comprehensive Legislative Report - a complete listing of all bills  tracked by MML staff including a bill summary and current status (Updated 1/17/19).  


 

 

 

First Session of the 100th General Assembly Convenes
Wednesday, January 9, 2019

 

The opening of the First Session of the 100th General Assembly on Wednesday brings new leadership in both the House and Senate.Representative Elijah Haahr serves asthe Speaker of the House and Senator Dave Schatzbecomes President Pro Tem of the Senate.

MML Priority Legislation

As the legislative session progresses toward adjournmenton May 17, 2019, the League's list of priority bills will most certainly changein response to the dynamics of thelegislative process.However, at the onset of the 2019 legislative session, several pieces of pre-filed legislation will be at the forefront of MML's advocacy efforts.

  • Capturing Tax Revenue From Out-Of-State Sellers - SB 189 Sponsored by Senator Sandy Crawford is an MML-crafted bill that allows cities with a use tax tocapture tax revenue from out-of-state by sellers who are currently avoiding paying the use tax because the seller does not have a physical presence inMissouri. Ouropportunity to collect out-of-state sales without a physical presence instate came with a U.S. Supreme Court decision that was handed down on June 21, 2018. In the decision,South Dakota v. Wayfair,thecourt overturned two previous U.S. Supreme Courtrulings that required a physical presence within a state before taxes could be collected from an out-of-state seller. When the Wayfair decision was handed down in June of last year, there was great hope that cities would be able to capturetax revenue from out-of state sellers through local sales taxes.

    Shortly after the Wayfair ruling was handed down, the MML retained Carole Iles, an attorney specializing in Missouri's sales/usetax laws, to examine the Wayfair decisionand provide guidance in implementing the new ruling in Missouri.Aftercareful examinationof the ruling, Missouri's Constitution, andthe sales/use tax statutes, itbecame evidentthat, in Missouri, our only option to solve the out-of-state tax issues was to use the use tax as the vehicle to capture tax revenue from out-of-state sellers who do not have a physical presence in the state. In short, Missouri has a two-tier tax systemfor sales transactions -- the sales tax for in-state retail purchases and the use tax for transactions occurring out-of-state when the item is being used in the state. Expanding the salestax to includedout-of-state purchases would appear to violate Article X, Section 26 of the Missouri Constitution (Amendment 4, passedin 2016).Our next step was to convene a working group consistingof Carole Iles, along with city and county officials, to work on crafting legislation implementing the South Dakota v. Wayfair decision. SB 189 is the result of that effort.

    For a more detailed explanation on the League's legislative approach to the Wayfair decision, see Proposed Missouri Wayfair Legislation on the MML website. (MML in Support)

  • Failure to Appear-SB 207 Introduced by Senator Emery allows any city or village to establish, by ordinance, an administrative adjudication system for minor traffic violations, nuisanceand zoning municipal code violations. For the defendants who are served with a summons but refuse to appear, a default judgement could be issued by the law judge and the case would be concluded.This bill rectifies anunintended consequencecreated by SB 5 (2015) and SB 572 (2016) that removed the penalty for missing scheduled municipal court hearings. (MML in Support)
  • Sales/Use Tax Cap
  • Video Franchise Fee - Senator Emery and Representative Bondon have indicated that they will be introducing legislation to restructure the localvideo franchise fee system. The bill has not been drafted, but will likely attempt to levy the video franchise fee on all video services (Netflix,Hulu, DIRECTV, etc. and traditional cable) and reduce the current video franchise fees cities levy. Senator Emery and Representative Bondon have assured us that they do not want to harm cities with this proposal.We will know more when a draft of the legislation is released.
    Please Don't Panic...yet.

 

Keep It Social: In addition to the Capitol Report each week, be sure to follow us on Twitter @mocities for updates on activities at the Capitol during this legislative session.

 

City Officials AreUrged To Respond To Fiscal Note Requests

You may have received a request from the Missouri’s Joint Committee on Legislative Research Oversight Division asking you to identify the person(s) in your city responsible for reviewing proposed legislation and submitting information on its fiscal impact on your city. It is very important that you designate a person to coordinate a response to these fiscal note requests.

Fiscal notes are an important part of the legislative process. A fiscal note with a high estimated cost can kill a bill. Conversely, a fiscal note with a very low monetary impact or one that is inconclusive can improve passage of a bill. Therefore, it is very important to include all direct and indirect costs in any fiscal note, particularly for those bills that negatively impact your city. Remember, you do not have to wait for an invitation to submit a fiscal note. Also, if you receive multiple requests to submit a fiscal note, you can be selective and submit only those that you believe will impact your city. Your League staff does not receive copies of fiscal note requests due to our status as registered lobbyists. However, we encourage city officials to contact us if there are any questions about completing and submitting a fiscal note. Fiscal Note Information for Local Governments

You also may contact the Oversight Division at: State of Missouri, Joint Committee on Legislative Research, Oversight Division, Room 132, State Capitol Building, Jefferson City, Missouri, 65101; telephone: 573-751-4143; fax: 573-751-7681; website: http://www.moga.mo.gov/oversight/overhome.htm.

 

 


Key Legislative Contact Information

House Leadership                    Senate Leadership           

House Committees                  Senate Committees

House Members                       Senate Members

Key Legislative Contact Information

House Leadership                    Senate Leadership           

House Committees                  Senate Committees

House Members                       Senate Members

  2015 Legislative Session

  2015 Legislative Session

 

Missouri Municipal League

1727 Southridge Dr. Jefferson City, MO 65109

P: 573.635.9134 | F: 573.635.9009 | info@mocities.com